What are the corporate applicants cooperation obligations?
Type A leniency requires that “[t]he corporation reports the wrongdoing with candor and completeness and provides full, continuing and complete cooperation to the Division throughout the investigation.” Type B leniency requires that “[t]he corporation reports the wrongdoing with candor and completeness and provides full, continuing and complete cooperation that advances the Division in its investigation.” Both Type A and Type B leniency require that “[t]he confession of wrongdoing is truly a corporate act, as opposed to isolated confessions of individual executives or officials.” Paragraph #2 of the model corporate conditional leniency letter describes specific cooperation obligations of the applicant, such as provision of documents, information, and materials wherever located; using its best efforts to secure the cooperation of its current directors, officers, and employees;(20) and paying restitution to victims.
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